ALBANY—A long-awaited study released by the Cuomo administration on Wednesday determined several “red flags” about hydraulic fracturing that could pose “significant public health risks,” officials said at a public meeting of Governor Andrew Cuomo and his cabinet.

The governor’s announcement, articulated by his acting Department of Health commissioner Howard Zucker and Department of Environmental Conservation commissioner Joe Martens, delays any potential gas drilling in New York State for at least several more years as more data becomes available.

“The evidence in the studies we reviewed raised public health concerns,” Zucker said. “There are many red flags because there are questions that remain unanswered from lack of scientific analysis, specifically longitudinal studies of [fracking].”

“The science isn’t here,” Zucker continued. “But the cumulative concerns based on the information I have read … gives me reason to pause.”

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Winding toward the conclusion of his presentation, Zucker said, “Would I live in a community with [fracking] based on the facts that I have now? Would I let my child play in a school field nearby? After looking at the plethora of reports behind me … my answer is no.”

He yielded to Cuomo, who thanked him for his “powerful” remarks.

The health study, requested two years ago by state environmental officials, provided the basis for an open-ended stall by the governor, who was loath to anger environmentalist opponents or pro-business supporters of fracking before his re-election. For the past six years the state has vexed both constituencies, without provoking an outright revolt by either, by observing a moratorium on fracking without actually banning it.

Zucker said the health review involved 4,500 staff hours reviewing anecdotal reports and a stack of existing studies. He spent 15 minutes offering his analysis of several peer-reviewed reports and making an analogy to earlier scientific thinking on second-hand smoking.

Martens, when he spokes, said that restrictions already on hydrofracking in the New York City watershed as well as local towns that have banned its development mean that “the prospects for [hydrofracking] development in New York State are uncertain at best.”

At numerous points during his first term, and especially during his campaign this year, Cuomo cited the ongoing study as of the health impacts of fracking in lieu of articulating a position on it. In the meantime, a moratorium put in place by then-Governor David Paterson in 2008 remained in place.

(The health study placed the political onus on the Cuomo administration’s health department for its never-ending timeline; respected former health commissioner Nirav Shah, placed in the awkward position of giving a series of non-answers to questions about the department’s progress on its fracking study, left without saying much at all.)

In September 2012, after years of study, Martens and the Department of Environmental Conservation formally asked the state Department of Health to review the human health risks of fracking, leading to further delays.

The state sits on one of the nation’s richest shale deposits, the Marcellus, and is the last state in the nation with a major shale play to authorize fracking.

Proponents say drilling will create tens of thousands of jobs in the most economically depressed parts of the state, where industry and jobs departed generations ago.

Environmental groups have cautioned that drilling for natural gas in New York will pollute water sources, increase reliance on fossil fuels and harm human health.

In June, the state Court of Appeals upheld local bans on fracking, which Cuomo said would limit drilling to areas that support the industry. More than 120 communities have banned fracking, while about 60 have passed resolutions that will allow the industry to expand.

For years, anti-fracking activists have been Cuomo’s most outspoken opponents, protesting nearly all his public appearances and rallying thousands in Albany for the annual State of the State address.

Cuomo lost a number of upstate communities in his primary to Democratic challenger Zephyr Teachout in September, a showing she attributed in large part to the turnout among anti-fracking activists.

Following Martens and Zucker at the cabinet meeting, Cuomo said, “I get very few people who say to me, I love the idea of fracking.”

Referring to the economically depressed areas of upstate that were candidates for fracking activity, Cuomo said the question now is, “What can we do in these areas to generate jobs, generate wealth … as an alternative to fracking?”

Answering a reporter’s question after the presentation, Cuomo predicted “a ton of lawsuits” in response to the decision.

First, it is improper that the DOH Review is being undertaken in total secrecy without any public notice regarding the scope of the Review or any details about how it is being conducted. I request that this problem be immediately resolved by:

a) providing public notice about the intent and scope of the proposed DOH Review, how it is being conducted and other pertinent details about it;

b) requiring a 30-day minimum public comment period about the proposed DOH Review; and

c) holding at least one public hearing so that the DOH reviewers can hear testimony from interested parties.

Second, it is my understanding that the work of the three outside experts is contractually limited to a mere 25 hours. The Revised Draft SGEIS contains thousands of pages related to public health concerns. Hundreds of thousands of pages of written comments have been submitted about DEC’s failure to address public health concerns adequately. It is impossible for the reviewers to read or investigate all of this information in such a short period of time.

The DOH Review is critically important because neither a Final SGEIS nor any Revised Shale Gas Rulemaking reportedly will be adopted until it is completed. The DOH Review must be technically rigorous, comprehensive in scope as well as open and transparent. There must be no arbitrary time limit on the DOH Review, just as the SGEIS has no deadline for completion.

Given the obvious shortcomings of the current DOH Review, please re-open public comment on the Revised Draft SGEISto allow interested parties to provide input about how the DOH Review should be conducted. Such formal notification would help make sure that no Final SGEIS or Revised Shale Gas Rulemaking is adopted until after an adequate DOH Review is completed.

Until the shortcomings of the DOH Review have been fully resolved, DEC’s Shale Gas Revised Rulemaking Proceeding should be terminated. DEC’s rulemaking proposal should not have been revised before completion of the DOH Review and adoption of the Revised Draft SGEIS.

Third, the Revised Draft SGEIS received scathing criticism from hundreds of physicians, scientists, elected officials, the U. S. Environmental Protection Agency as well as more than 22,000 signatories to a coalition letter which requests that it be withdrawn and restarted to address 17 key concerns. See:http://www.toxicstargeting.com/MarcellusShale/cuomo/coalition_letter/2011

That is why limiting the DOH Review to the published Revised Draft SGEIS makes no sense. It is imperative that the reviewers also investigate all of the documented concerns. For that reason, I request that the reviewers be required to investigate all of the comments related to public health concerns in the Revised Draft SGEIS.

I specifically request that the reviewers investigate the detailed data compilation presented in Appendix A. It documents a wide spectrum of pollution incidents reported by DEC and local health authorities in Chautauqua, Cattaraugus and Allegany counties, including known drinking water contamination hazards, massive gas drilling wastewater discharges to the environment that were never remediated and still do not meet clean up standards as well as fires and explosions caused by gas and oil extraction activities across the areas of New York where those efforts have been prevalent.

Fourth, the foundation of DEC’s Revised Draft SGEIS and the Revised Shale Gas Rulemaking proceedings is that: “As a result of New York’s rigorous regulatory process, the types of problems reported to have occurred in states without such strong environmental laws and rigorous regulations haven’t happened here.”

That critical assertion is factually incorrect. In order to safeguard public health and the environment, DEC and DOH must address the thousands of gas and oil extraction hazards documented by the data I have requested the reviewers to investigate.

Fifth, in order to assess the adequacy of the DEC’s “health impact analysis,” Dr. Shah and the three outside experts must determine whether DEC has achieved these fundamental requirements:

1) identified the full spectrum of toxic air, land and water contaminants resulting from shale gas fracking as well as conventional natural gas extraction;

In conclusion it is imperative that New York’s existing moratorium on shale gas fracking remain in effect until all the documented public health and environmental concerns brought to DOH and DEC’s attention have been fully addressed by the SGEIS and Revised Shale Gas Rulemaking proceedings. The plan of action I am proposing can make sure that goal is achieved.

In closing, I respectfully note that a new poll by Siena College found that Upstate New Yorkers oppose DEC going forward with Marcellus Shale gas fracking by a margin of 45% to 39%. Your administration’s shale gas efforts have clearly failed to inspire public confidence.

This should come as no surprise given the immense confusion, secrecy and inadequacy of DOH and DEC’s efforts. The reported proposal to allow limited shale gas fracking in five counties of the Southern Tier would also be discriminatory.

You have sworn an oath to protect all New Yorkers from environmental hazards, not just some New Yorkers. I know you take that obligation completely seriously.

Thank you for your service. Please do not hesitate to contact me if you would like to meet to discuss these matters.

61) New York Gubernatorial Candidate Andrew Cuomo: The Marcellus Shale could contribute to New York’s natural gas supply, but development needs to be highly sensitive to environmental concerns.
Link: http://toxicstargeting.com/node/530